Common use of General provisions on performance of the FWC Clause in Contracts

General provisions on performance of the FWC. (a) The contractor shall perform the FWC to the highest professional standards. (b) The contractor shall be solely responsible for taking the necessary steps to obtain any permit or licence required for performance of the FWC under the laws and regulations in force at the place where the order forms are to be executed. (c) Any reference made to the contractor’s personnel in the contract shall relate exclusively to individuals involved in the performance of the FWC. (d) The contractor must ensure that any personnel performing the FWC possesses the professional qualifications and experience required for execution of the order forms assigned to it. (e) The contractor shall neither represent the contracting authority nor behave in any way that would give such an impression. The contractor shall inform third parties that it does not belong to the European public service. (f) The contractor shall be solely responsible for the personnel who executes the tasks assigned to the contractor. The contractor shall stipulate the following employment or service relationships with its personnel: (i) personnel executing the tasks assigned to the contractor may not be given orders directly by the contracting authority; (ii) the contracting authority may not under any circumstances be considered to be the employer of the personnel referred to in point (i) and the personnel shall undertake not to invoke against the contracting authority any right arising from the contractual relationship between the contracting authority and the contractor. (g) In the event of disruption resulting from the action of a one of the contractor's personnel working on the contracting authority's premises or in the event that the expertise of a member of the contractor's personnel fails to correspond to the profile required by the FWC, the contractor shall replace him without delay. The contracting authority shall have the right to make a reasoned request for the replacement of such personnel. The replacement personnel must have the necessary qualifications and be capable of performing the FWC under the same contractual conditions. The contractor shall be responsible for any delay in the execution of the order forms resulting from the replacement of personnel. (h) Should the execution of the FWC be directly or indirectly hampered, either partially or totally, by any unforeseen event, action or omission, the contractor shall immediately and at its own initiative record it and report it to the contracting authority. The report shall include a description of the problem and an indication of the date on which it started and of the remedial action taken by the contractor to ensure full compliance with its obligations under this FWC. In such an event the contractor shall give priority to solving the problem rather than determining liability. (i) Should the contractor fail to perform its obligations under the FWC, the contracting authority may - without prejudice to its right to terminate the FWC - reduce or recover payments in proportion to the scale of the unperformed obligations. In addition, the contracting authority may claim compensation or impose liquidated damages in accordance with Article II.11.

General provisions on performance of the FWC. (a) The contractor shall perform the FWC to the highest professional standards. (b) The contractor shall be solely responsible have sole responsibility for taking the necessary steps to obtain any permit or licence required for performance of the FWC under the laws and regulations in force at the place where the order forms orders are to be executed. (c) Any reference made to the contractor’s personnel staff in the contract FWC shall relate exclusively to individuals involved in the performance of the FWC. (d) The contractor must ensure that any personnel staff performing the FWC possesses have the professional qualifications and experience required for the execution of the order forms orders assigned to itthem. (e) The contractor shall neither represent the contracting authority nor behave in any way that would give such an impression. The contractor shall inform third parties that it he does not belong to the European public service. (f) The contractor shall be solely responsible have sole responsibility for the personnel staff who executes execute the tasks assigned to the contractorit. The contractor shall stipulate make provision for the following employment or service relationships with its personnelstaff: (i) personnel executing staff carrying out the tasks assigned to the contractor may not be given orders directly by the contracting authority; (ii) the contracting authority may not under any circumstances be considered to be the employer of the personnel staff referred to in point (i) above and the personnel said staff shall undertake not to invoke against in respect of the contracting authority any right arising from the contractual relationship between the contracting authority and the contractor. (g) In the event of disruption resulting from the action of a one member of the contractor's personnel staff working on the premises of the contracting authority's premises authority or in the event that of the experience and/or expertise of a member of the contractor's personnel fails staff failing to correspond to the profile required by the FWC, the contractor shall replace him them without delay. The contracting authority shall have the right to make a reasoned request for the replacement of any such personnelmember of staff, stating its reasons for so doing. The replacement personnel Replacement staff must have the necessary qualifications and be capable of performing the FWC under the same contractual conditions. The contractor shall be responsible for any delay in the execution of the order forms orders resulting from the replacement of personnelstaff. (h) Should the any unforeseen event, action or omission directly or indirectly hamper execution of the FWC be directly or indirectly hamperedFWC, either partially or totally, by any unforeseen event, action or omission, the contractor shall immediately and at on its own initiative record it and report it to the contracting authority. The report shall include a description of the problem and an indication of the date on which it started and of the remedial action taken by the contractor to ensure full compliance with its obligations under this the FWC. In such an event the contractor shall give priority to solving the problem rather than to determining liability. (i) Should the contractor fail to perform its obligations under the FWC, the contracting authority may - without prejudice to its right to terminate the FWC - reduce or recover payments in proportion to the scale of the unperformed obligationsfailure. In addition, the contracting authority may claim compensation or impose liquidated damages damages, as provided for in accordance with Article II.11II.12.